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HomeMy WebLinkAbout1927-08-08 Minutes20GI W.C.HIGHT Alderman Pearson then.introduced the following resolution and moved.its adoption. Aldrman ART LE69Ie Harding seconded the motion which received the following vote; ayes Aldermen Harding, Bynum, COMRS. (Scott, Fuller, Pearson, Stanford; nays none, absent and not voting.Aldermen Drake, and Jones WEST MT. The Mayor declared the motion passed and the resolution adopted. A copy is as follows; I. D' I RESOLUTION* -Y1 WHEREAS, thereare two vacancies in the. Board of .Improvement of West Mountain 'Street Improvement District Number One of the City of Fayetteville, Arkansas, by reason of the resignation of Dr H.L. Leathers and the Death of W.P. McNair Sr.; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.FAYETTEVILLE, ARKANSAS: SECTION ONE: That W.C. Hight, a property owner, owning real property within the District afo; West Mountain Street saidbe, and he is hereby appointed to be a.member of the Board.of Improvement of/Improvement District Number One of the City of.Fayetteville, Arkansas, in place.of the said Dr. H.L. i Leathers, resignedl I SECTION TWOThat Art Lewis, a property owner owning real property within the Dibtric t afore - i West Mountain Street isaid!be, and he is hereby appointed.to be a member of the Board.of.Imprevement of/Improvemen IDistr'ict Number One.of the City of Fayetteville, Arkansas,in place of '�T.P..McNair Sr. recess (SECTION THREE: That this resolution shall take efdect and be in force..from and after its passage and approval. i C.A. Pearson. i Passed and.approved this 1st day of August, 1927. l Approved* Attest; J.C. Massie, Clerk. an M. WI on No further business appearing the Council adjourned. i Attest; t Clerk Approved; a�u� Mayor. [_ t REGULAR MEETING.OB THE -CITY COUNCIL HELD AUGUST 8th, 1927. I I PRESENT, The Mayor and Clerk; Aldermen Harding,Bynum, Scott, Fuller, Pearson, Stanford, �I Absent Aldermen Drake and Jones. The Regular order of business was deferred.in.order to hear the protest of citizens in the I matter of the application of Bert Watson.for permission to build a Filling Station at the i I corner of Lafayette and College. The.original application and the protest against the granting i of the permit were read;whereupon the Mayor asked Mr Watson to make such representations as he I wished to bring to the consideration of the Council. Mr Watson stated that he rested the case) upon the application alone..On..the request of. the Mayor for representations by the pro#estants � I the Hon. J.N. Tillman, as spokesman for the 130 signers of the protest, addressed the Council at considerable length. None.others desiring to be heard, the Mayor requested the Council to take :such action as they desired to take in the matter. Alderman Harding suggested that the matter be deferred to a subsequent meeting for final action. Alderman Pearsonfavored immediate i settlement , and moved that the application be denied. Alderman Stanford seconded the motion which received the following vote; ayes Aldermen Scott, Fuller, Pearson, Stanford; nays Ald- ermen,,Harding and Bynum, absent and not voting Aldermen Drake and Jones. The Mayor declared the I motion passed and the application denied. THE MINUTES of the meeting of August 1st 1927 were.read and approved. THE FOLLOWING BILLS against the City were allowed and ordered paid on motion by Alderman Harding, seconded by Alderman Pearson, passed by he unanimous vote of the members listed 1 I� 1 207 ove as present and so declared by the Mayor; W.L. Crouch $8.30;Anderson Stone Co. $50.00; llah $6.25;Allan M. Wilson $10.00;Magnolia Petroleum Co. $7.30;Ellis Sutton $35.00; W.A 'Gregg %5.00,'Patter's on -Blair $1.10; Southwest Bell Tel.. Co. $19.90;Southwest Power Co. $499.10, Goss- Rogers Electric Co. $38.10; Dave Condra $36.00. REPORT The Board of Public Affairs submitted the following report; OF BOARD OF To the City Council of the City PUBoAFF.I of Fayetteville, Arkansas; ON Gentlemen;Aoting under and by direction of authority of an !RACTOR: ordinence passed by your Hon. Body, the undersigned advertised and re ceived sealed bids for on tractors, graders and motor patrols as follows; dvance Rumely Oil- Pull Tractor,bidding through Heydon Anderson Fayetteville, Arkansas, (25-45 H.P.) $2,600.00 I alloran Tractor Co. 5wton tractor 39435.00 Cleveland Tractor Co, Bidding through Central Auto Co. Fayetteville, Arkansas, Model 30, Cleve land tractorincluding extra grousers 30151.00 Adams Grader, one grader,8ft blade,scarifier attachment 1,165.00 I I Neal & Kern,bidding on No. 60 Stockland grader, scarifier attachment 1,355.00 Russell Grader Co., bidding through Arkansas Road Equipment Co. Russell Mobor Patrol Grader, No. 2 08 ft. blade scarifier attachment, Fbrdson Motor built in at Factory 29250.00 (Cleveland Tractor Co, bidding through Central Auto Co., Fayetteville, Arkansas, Russell Motor Patrol No. 5 with "Cletrao K-20" tractor 3,075.00 1411 oices F.O.B. Fayetteville, with the exception.of the Motor Patrols, which were F.O.B Factory, (After a careful considration of.all the above bids, the undersigned have contracted, subject) to hhe confirmation.of the Council as follows; . Russell grader at $19135.00 and Halloran Tractor Co. at $3,435.00; Respectfully, a Board of Public Affairs of the city of Fayetteville, Arkqnsas By; Allan M. Wilson, •A.E. Collier, Gus Bridenthal John Bynum, Chairman of Street Committee Whereupon Alderman Scott moved that.the Council do confirm the above mentioned contract. Ald^rman Stanford seconded the motion which received the following vote; Ayes Aldermen Harding, Bynum, Scott, Fuller, Stanford; n sys none; absent and not voting Aldermen Drale and Jones. The Mayor declared.the motion passed, and the cnntract confirmed. REPORT: The Report of the City Purchasing Agent for the month of July was presented and on motion was ordered received and filed. A communication from Mr Frank Rieff concerning sewer connection was referred to the City engineer. I ORD.660 i Alcderman Scott introduced an ordinance providing for the paving of the intersections in 33 Improvement District Number Thirty-three of the City of Fayetteville, and building a across the branch, which was read the dirst•time. Alderman Scott moved the the Rules suspended and the ordinance placed on its second reading. Alderman Pearson seconded the tion which received the following vote; ayes Alderman Harding, Bynum, Scott, Fuller, earson, Stanford; nays none; absent and not voting Aldermen Drake and Jones. The Mayor d the motion passed The Ordinance was re l th as and time. lderman Stanford then moved that the Rules be suspended and the Ordinance Placed on its third)) reading and final passage. Alderipan Peanson seconded the motion which received to following I vote; ayes Aldermen Harding, Bynum, Scott, Fuller, Pearson, Stanford; nays none; absent and I not voting Aldermen,Drake and Jones. The Mayor declared the motion passed. The ordinance was (read the thirf time. The Mayor then announced.the question before the Council is Shall 6he pass, and called for the vote on its passage, which resulted as follows; ayes Ald- Harding, Bynum, Scott, Pearson, Fuller, Stanford; nays none; absent and not voting Drake.and Jones. The Mayor Dec ared the Ordinance passed. A copy is as follows; �,. 208 ORDINANCE NUMBER 660. AN ORDINANCE TO BE ENTITLED " AN ORDINANCE. CONTRACTING WITH THE.PHOENIX CONSTRUCTION COMFAI TO REPAIR AND MAKE IMPROVEMENTS ON CERTAIN STREETSWITHIN.THE-CITY OF FAYETTEVILLE,-ARKANSAS, AND TO FURNISH THE NECESSARY MATERIAL, WORK AND LABOR FOR THE SAME, AND TO PROVIDE FOR THE PAYMENT OF SAID MATERIAL, WORK AND LABOR." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET.TEVILLE, ARKNASAS: SECTION ONE:Tha repairs andimprovements be made upon the following named streets in the City of Fayetteville, Arkansas,at the places herein named, to -wit; East Rock Street and College Avenue East Rock Street and Mill Avenue, Mill Avenue and Huntsville Road, And a bridge over the branch running across.4" Huntsville Road SECTION TWO:That said Improvement shall consist of paving the intersections of the above named streets with the same material and in the same manner.that the.streets in Improvement District Number Thirty-three of the City of Fayette ville,..Arkansas are to be paved, and th work on the above named bridge shall be as provided for in.the.original.palns provided by t Board og Ipmprvement of said -District and.approved-by..the City Council of the City of Fay- etteville, Arkansas. SECTION-THREE:That the City of Fayetteville,.Arkansas,. by the City Council of said City hereby contracts with Phoenix Construction Company to do and.pervorm the work and labor, and furnish the necessary material for the repair.and..construetiob.as herein set forth,on s streets and at said intersections of streets and on said bridge.as herein mentioned- said improvements to be according.to the plans and specific ations on file in the office of the City engineer of the City.of Fayetteville,.Arkansas. The City of Fayetteville, Arkansas agrees to pay said Phoenix Construction.Company for the same as follows; the total amount which the said City of Fayetteville, Arkansas agrees.to pay for.all necessary work, labor and materia furnished for the paving of the bbove mentioned intersections and said above mentioned brid in the manner above provided, is the sum of X Six Thousand.and Fifty ($6,050.00) Dollars, which amount the said City Council of said City of Fayetteville, Arkansas, finds to be a fa and just compensation for said material furnished.and work.and labor to be performed in sue improvement. SECTION FOUR: The said City of Fayetteville. -Arkansas agrees to pay said Phoenix Constructi Company the said sum of Six Thousand.and Fifty..($6,050.00) Dollars, to be paid out of the General Revenue Fundof said City of Fayetteville,.Arkansasby warrants drwan in favor of said Phoenix Construction.Company,or bearer, p°sayable.in the.following.amounts and on the following dates; to -wit; 1st year,August 9, 1928, '�a1,210.00. 2nd year, August 9, 1929 1,210.00 3rd year, August 9, 1930 1,210.00 4th year, August 9, 1931 1,210.00 5th ,year, August 9, 1932 10210.00. If the said City of Fayetteville, Arkansas, makes in the payent of any one of said sums when .the same.becomes due and payable,then the said City of Fayetteville, Arkansas, agrees and stipulates with the owner of the warrant,repre- senting the amount of the sum -which the said City of Fayetteville has defaulted in the pay of, to pay said owner of'sadi warrant the sum of eight per cent interest per annum on said amount of said warrant,from the date of such default until the said sum is fully paid* as an agreed and stipulated penalty and as.damages for failure on its part to carry out its contract with said Phoenix Construction Company, or the owner of said warrant, SECTION FIVE:This contract shall be binding upon the City of Fayetteville,.Arkansas, from and after the passage, approval and publication of this ordinance and the acceptance of the same by the said Phoenix Construcytion Company,in writing, filed in the office of the City Clerk of the Coty of Fayetteville, Arkansas, SECTION SIX: The City,of Fayetteville, Arkq uses hereby pledged itself and all of its officers, to the faithful performance of this contract as herein set.forth in this ord rd 1 1 b 2®9 SECTION SEVEN: This Ordinance shall takeeffect and be in force from and after its passage, approval and pubilication. Passed and approved this 8th day of August, 1927, Approved; Allan M. Wilson, Mayor. Attest; J.C'' Massie Clerk. Alderman Harding introduced an Ordinance providing for the "- levy of the Re- assessment of Sewer Improvement District Number.One of the City.of Fayetteville, ArRansas, which was read the First time. Alderman Harding moved that the Rules be suspended and the ordinance I placed on its second readitAg. This motion.was.seconded by Aldrman Fuller and received the I following vote; ayes Aldermen Harding, Bynum, Scott, Fuller, Pearson, Stanford; nays n6ne; absent and not voting Aldermen.Drake.and..Jones.. The Mayor declared the motion passed. I The Ordinance was read the second time. Alderman Pearson then moved.that the Rules.be further suspended and the ordinance palced on its third reading.and_final passage. Alderman.Seott seconded the motion whmch received the gel llowing vote; ayes Aledermen Harding, Bynum, Scott, Fuller, Pearson, Stanford; nays none; and not voting Aldermen Drake and Jones. The Mayor declared the motion passed. Ordinance .was read the Third time. The Mayor then.announced the question before the Council is shall the ordinance pass and called for the vote o$ its passage, which resulted as follows; ayes Aldermen Harding, Bynum, nays none; Scott, Fuller, Pearson, Stanford;/absent.and not voting Aldermen.Drake and Jones. I The Mayor declared the badinance passed. A copy is as follows; NUMBER 661. AN ORDINANCE TO -BE ENTITLED ° AN ORDINANCE TO LEVY THE RE -ASSESSMENTS AS ASSESSMENTS UPON THE REAL PROPERTY WITHIN SEWER.IMPROVEMENT DISTRICT NUMBER ONE OF THE CITY OF FAYETTEVILLE, ARKANSAS". WHEREAS, more than ten 10)owners of real property in sewer Improvement district Number Qme 10 of the City of Fayetteville, Arkansas, duly petitioned this City Council to take steps toward the construction,installing, mabntaining and operating the system of sewers for the city of Fayetteville,which petition was duly filed with the City Council August 1, 1906; and WHEREAS,the City Council on September 29,1906 passed an ordinance creating said Sewer Improve lent District No. 1 of the City of Fayetteville, and included therein all real property located within the City of Fa$e?t*eville,which dostric$ was laid off and created for the purpose of constructing, installing, maintaining -and operating a system of sewers for the City of Fayetteville, Arkansas; and wHEREAS,within the time allowed by law thereafter,the owners of the majority of real property, located within said Sewer Improvement District filed a petition with the City Council, petion6rg the City Council to install,construct, maintain.and operate a system of Sewers for the said City of Fayetteville, Arkansas; and further prayed that the costthereof be assessed and harged upon the real property situated within the district, which District included the whole f the City of Fayetteville; and which petition further prayed that Commissioners be appointed) s provided by law to compose a Board of Improvement for said Improvement District No.l of the ty of Fayetteville; and , the City Council upon the filing of said petition by due proceedings had, determined thhat said petition was signed by a.majority in value of the real property owners within said Sewer Improvement District No. 1; and HWEREAS,in said petition the said petitioners prayed and asked that the cost of construction operation and maintainance of said sewers be assess ed and charged upon the real property situated within the said District; and , WHEREAS,all notices required by law to be gi majorityin value of the property owners; and the hearing on.said petition of the WHEREAS,upon the City Council finding that the said petition was signed by a majority in va of the real property owners,the City Council at once appointed three (3) persona, owners of real property w6thin said Dsirtict to compose the Board of Improvement of said District; an WHEREAS,the said Board of Improvement duly qualified and formed plans for said.improvement and procured -and submitted estimates of the cost of said.improvement and reported the same to the City Council; and VMEREAS,after the plans for said improvement were duly made by the Board and reported to th City CoBncil and approved_by the City Council, the.said City.Council appointed the assessor to assess the benefits against the real propertyin said.District to make said improvement; 05W. WHEREAS,the first assessment, which was.duly levied by the City Council,has proved insufficient to complete the said improvement;and VVHEREAS,thw Board of Improvement of said Sewer.Improvement District have reported the amount of the deficiency to the City Council; and ffi4IEREAS,the City Council upon receiving the report and estimate of the Board has taken the necessary steps by appointing assessors to make another assessment on the property previous] assessedfor a sum sufficient to complete the improvement; and y„ HVIEREAS,the assessors duly appointed by the City Council and after taking the oath of office required by law have made their report and have..filed the same in the office of the Clerk as requored by law; and J I WHEREAS, it is necessary in order to complete the said sewers and the improvement contemq,. originally to make said re -assessment; and WHEREAS,the report of the assessors has been filed, as required_by•law, and,sald assessors assessed every lot, parcel, block, and every piece and parcel of real property within the said D istrict including.all real.property,all railroads,and.all real property of every,. nature and description; and MVEREAS,said assessors hdve assessed the bsnsfits necessary to complete said improvementin the sum of Two Hundred Forty-three Thousand Nine Hundred Sixty-five and Twenty-six Cents ($243,965.26);and MMREAS,said real property has been assessed by the assessors according to the benefits re- ceived; and WHEREAS,the benefits received. by each and every block,lot and parcel of real property, including railroads,situated in said District equals -or exceeds the local assessr:ent WHEREAS,the estimated cost to complete.said..improvement is the sum of One Hundred Sixty - Seven Thousand Seven Hundred.Fifty.Dollars.($1670750.00),which includes interest on the bonds to be issued and ten (10) per cent for.contingeheies, and l VJHEREAS,the actual cost of completing said improvement will gqual the sum of One Hundred Thousand Dollars (#100,000.00); and WHEREAS,THE ADDITIONAL ASSESSMENTS AND RE* ASSESSMENTherein provided for have been made in accordance with law, and 3 1 WHEREAS,these re -assessments herein and heretofore provided for do not exceed Twenty (20%) , per centum on the actual market value of the real property located within said Sewer Improvement District No. 1; THEREFORE, BE IT ORDAINED BY THE.CITY COUNCIL OFTHE CITY OF FAYETTEVILLE,ARK11NSAS: SECTION ONE:That said several blocks, lots and.parcels..of Peal property in said District including railroads and all other real property be assessed according to the assessment list for the said Improvement District as the same now remains in the office of the City �kY I 0 TO PAY FOR,FIRE HOSE: Clerk of the City of Fayetteville; and that Five(5%) per, centum of the benefits in each of said blocks,lots and parcels of real estate, as above described, shall be paid annually on or before the 15th day of September in each year untill the whole of said local assessments 11 be paid. ION TWO:that the said local.assessments and re -assessments above des cribed shall be and are eby declared to be a charge and a lien against all the said real property in said District;'I the lien of said assessments against said real property shall be entitled to preference judgments, executions,encumbrances or liens whensoever created and shall continue and remain force until said local assessments with any p enal.ty and.costs that may accrue.thereon 11 be fully paid. II ION THREE:That all ordinances-and..parts.of Sewer Improvement Ordinances.in conflict herewith be, and the are hereby repealed, and this ordinance shall teke.effect and be in force from and after s passage, approval and publication,but it.is hereby declared that there is no repeal of any, f the ordinanes creating said Sewer Improvement District No.l, and levying previous assess- entson the property therein, and this ordinance..is in addition to.and supplemental to all aid original ordinances and hereby.fixes a lien for said re -assessments, as above provided. " I ECTION FOUR:That an emergency is hereby declared for the -reason that it is for the protection f the healthof the citizens.of Fayetteville and ..for the -removal of the danger of disease from, insufficiency and.defec.tsin the present sewer system and the.disposal Scott, Fuller, Pearson, plants, and because State Health.authorities have demanded that.the impbovements be made w6thout delay, and its s necessary that this ordinance shall.take immedidite effect in order that immediate steps be taken to complete.said.improvement in order to prevent the spread of disease within City of Fayetteville and in.odder to preserve the health of its inhabitants. Passed and approved this 8th day of August, 1927. Approved; Allan M. Wilson, Mayor. Attest; J.C. Massie, Clerk. Alderman Scott introduced an ordinane providing for an appropriation to pay for feet of Fire Hose purchased May 10th, 1926, which was read thw first time. Alderman Pearson moved thatthe Rules be.suspehded and the ordinance placed on its second . This motion was seconded.by Alderman Fuller and received the following vote; ayes Harding, Bynum, Scott, Fuller, Pearson, Stanford; nays none; absent and not voting Drake and Jonse. The Mayor declared the motion passed. The Ordinance was read the econd time. Alderman Harding.then moved that the Rules be further suspended and the Ordinance laced on its third reading. aAfd fimal passage , This motion was seconded by Alderman Scott received the following vote; ayes Aldermen Harding, Bynum, Scott, Fuller, Pearson, none, absent and not voting Aldrmen Drake and Jones. The Mayor declared the motion passed. Ordimance was reread the third time. The Mayor then announced the question before the ouncil is shall the ordinance pass and called for the vote on its passage, which resulted s follows; ayes Aldermen Harding, Bynum, Scott, Fuller, Pearson, Stanford; nays none; absent and not voting Aldermen Drake and Jones. The Mayor declared the ordinance passed. IA copy is as follows; ORDINANCE NUMBER 662. ' AN ORDINANCE TO BE ENTITLED " AN ORDINANCE TO APPROPRIATE THE SUM OF FIFTEEN HUNDRED AND NINETY $1590.00) DOLLARS FOR THE PURPOSE OF PAYING THE EUREKA FIRE HOSE MFG. COMPANY OF NEW tH JERSEY FOR ONE THOUSAND FEET OD PARAGON FIRE.HOSE, PURCHASED ON THE lOthDAY OF MAY,1926". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVI-LE, ARKANSAS: SECTION ONW:That there is hereby appropriated out of the General Fund of the City of Fay - i etteville, Arkansas,the sum Fifteen Hundred and Ninety ($1590) Dollars for the purpose of payinf the Eureka Fire Hose Mfg. Compamji of New Jersey for One Thousand (1000.00) feet of i r Paragon Brand of Fire Hose, aw per contract entered into on the 10th day of May, 1926, 212 COMRS. SCHOOL AVE. TO ATTEND MEETING AGU,15t and between the Eireka.Fire Hose Mfg..Company of. New Jersey and the City of Fayetteville,. So TWO:That the City Clerk of the City of. Fayetteville,. Arkansas, be and he is hereby , and directed to issue a warrant.for the.said sum of Fifteen Hundred and Ninety ($1590) 8 in favor of the Eureka Fire Hose Mfg. Company of New Jersey, payable on demand, and that he request the said Eureka Fire Hose Mfg. Company to acknowledge receipt of said and the mail to him the original contract, marked, "Satisfied -and paid in full". THREE:That this ordinance take.effect.and.be.in.force from and after itepassage and publication. assed and approved this 8th day of August, 1927, Approved; Allan M. Wilson, Ma yore ttest; J.C. Massie, Clerk. On motion by Ald rman Harding seconded by Alderman Pearson and passed by the unanimous vote of the members present, the Commissioners of.School Avenue Improvement District Number One . ;of the City of Fayetteville were requested to attend.the-meeting of the City Council to be held August 15th, 1927 for the purrpose of devising means for the repairing of the pavement in said District. No further business appearing the.Council adjourned. Approved; Attest, Mayor , Clerk. REGULAR MEETING OF. THE CITY COUNCIL HELD AUGUST 150 1927. The Mayor, Clerk: Aldermen Harding, Bynum, Scott, Fuller, Pearson, Stanford; absent n Drake, and Jones, of the MINUTES of the meeting of August, 8th, 1927 was postponed till the next Regul eting FOLLOWING BILLS against the City were allowed and ordered paid on motion by Alderman ' ing, secohded by Alderman Pearson,_passed by_the.unanimous .vote of the members listed bove as present and so declared.by the.Mayor;.Dave Condra $36.00; Dyke Lumber Co. $64.80;Bob 'itchell $12.50; Ellis Sutton.$26,54; Henry.B Walker $34.00; Chas. C. Walts $2.00;Washington ounty Hardware Co. $4.70; Democrat Pub. Co. $25.56; Magnolia Petroleum Coe $10.80. he'Clerk's report as to the matter of Delinquent taxes, collected by the County Treasurer nd covered into the County. General Fund was received,. and further action deferred. The Commissioners of School Avenue Improvement Dsirtict Number One of the City of Fay- tteville were present, and after discussion of the condition of the pavement in said Distric t was decided to defer action for further. report from the Commissioners, to be presented at he next regular meeting of the Council. On motion by Alderman Harding, second d by Alderman Bynum and passed unanimously, it was red that the privilege of all amusement consessions be granted to the Washington County . Association during the 1927 meeting of said Fair. The matter of making.repairs at the .intersection of Forest and Lafayette was deferred €e , in order that the office of the City Engineer might prepare an estimate of the cost. No further business appearing the Council adjourned. Approved;; Atteste clerk. \? r .- Mayor Yi